Control Points (HACCP) system, a preventative approach to food safety that is mandatory for all food business operators in Italy. The legal basis for HACCP is found in Regulation (EC) No 852/2004 on the hygiene of foodstuffs10. The implementation of HACCP in Italy is governed by Legislative Decree 193/2007[^2], which transposed the EU’s “Hygiene Package” into national law. This decree outlines the specific obligations of food business operators, including the development and maintenance of a HACCP plan, the training of staff in food hygiene, and the keeping of records to demonstrate compliance. The Italian Supreme Court of Cassation has consistently upheld the importance of the HACCP system, ruling that the failure to implement a proper HACCP plan constitutes a criminal offense11. Inspections to ensure compliance with food hygiene laws are carried out by the local health authorities (Aziende Sanitarie Locali - ASL) and the Carabinieri’s special unit for health and safety (Nucleo Antisofisticazioni e Sanità - NAS). These bodies have extensive powers to inspect food businesses, take samples for analysis, and seize non-compliant products12. Penalties for non-compliance with food hygiene laws can be severe. They range from administrative fines for minor violations to criminal charges for more serious offenses that endanger public health. For example, the sale of food that is harmful to health is a criminal offense under the Italian criminal code13. The courts have also held that the mere presence of expired food in a restaurant’s kitchen can be sufficient to trigger a conviction, even if the food has not yet been served to customers14. The legal framework for food safety in Italy is a dynamic one, constantly evolving to address new challenges and scientific developments. The emphasis is on prevention, traceability, and the shared responsibility of all actors in the food chain, from the farm to the fork, to ensure that the food consumed in Italy is safe and of the highest quality. 10 Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs. This regulation requires food businesses to identify potential food safety hazards in their operations and to establish critical control points (CCPs) where these hazards can be prevented, eliminated, or reduced to an acceptable level. 11 E.g., Corte di Cassazione, Sezione III Penale, sentenza n. 43783 del 2013. 12 Decreto Legislativo 6 novembre 2007, n. 193, “Attuazione della direttiva 2004/41/CE relativa ai controlli in materia di sicurezza alimentare e applicazione dei regolamenti comunitari nel medesimo settore”. 13 Codice Penale, articolo 444, “Commercio di sostanze alimentari nocive”. 14 Corte di Cassazione, Sezione III Penale, sentenza n. 3433 del 2012. 634 DUILIO CORTASSA
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